Articles Posted in Automobile Accidents

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Deaths from car and truck accidents in Tennessee have increased in the first three months of 2012, an unusual result given the general decline in accidents, injuries and deaths in the past few years.

238 people lost their lives on Tennessee highways in the first three months of 2012.  In the same period last year, only 186 deaths were reported.  The 52 additional deaths represents about a 30 percent increase.

The increase in the number of deaths is largely from automobile accidents.  Death rates for accidents involving trucks are down slightly.  Pedestrian deaths are also down from the same period in 2011. 

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I got hurt in an accident and my doctor said I should go to physical therapy. The therapist is 20 miles away and it is very inconvenient to go to therapy.  Plus, it doesn’t seem to do any good. Will it hurt my case if I just stop going?

First, let me suggest you set the thoughts about your legal case aside for a moment. Your doctor prescribed physical therapy because he or she thought it would help you. It might not. But it might. And the progress you see might be small. But you still need to go to physical therapy because you want to do what you can to reach a full recovery.

Going to physical therapy may not help your case, but not going as the doctor asked you to do could hurt your case. Insurance adjusters and jurors may conclude that you may not have been having the problems you say you were having (or are having) if you failed to follow your doctor’s advice. If you have to go before a jury in your case the jury will be told that it is your responsibility to minimize your damages.

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I was in a car wreck. My wife was also hurt in the wreck, as was a gentleman (Smith) in another car. The guy that caused the wreck only has $100,000 in liability insurance and he has no other assets. How will the $100,000 be divided?

First, the $100,000 will be paid only if all of the claims equal or exceed a total value of $100,000. Those who are injured in a wreck are not entitled to all of the insurance the at-fault driver has – they are only entitled to the amount demonstrated to be the value of their case. If the amount of the claim or claims is less than the amount of insurance, the insurance company gets to keep the difference. If the amount of the claims exceed the amount of the insurance, the insurance company need only pay the amount of the insurance and the injured persons have to pursue the excess funds from the individual who caused the wreck.

Let’s assume that your claim is worth $50,000, your wife’s claim is worth $50,000, and Smith’s claim is worth $100,000. Under these assumed facts, you would get $25,000, your wife would get $25,000, and Smith would get $50,000. In other words, each of would get a pro rata share of the total.

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The February 24, 2012 Tennessean contains this article about lawsuits against those who illegally serve alcohol to an obviously intoxicated person. The article found its way to Page One mainly because of this horrific accident just a few days earlier, when a person who was allegedly intoxicated drove the wrong way on the Interstate and hit and killed a person.

To suggest that bars and restaurants should not be held responsible for violating the law is ridiculous. The notion of “personal responsibility” doesn’t stop with the drunk driver – it also applies to those who illegally serve obviously intoxicated persons.

There is only one thing wrong with the current law – it is not strong enough to prevent bars and restaurants from serving people to drunkenness and beyond. It is unfair to require the person harmed by such conduct to prove the misdeeds “beyond a reasonable doubt” – a standard usually used for criminal cases.   The liquor lobby got special protection for those who have acted illegally, but this law should be repealed and the normal “preponderance of the evidence” standard should be re-instated.

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In 2010 over 100 wrecks occurred on Tennessee interstates because a driver was operating down the wrong side of the roadway. 

There are several reasons this can occur.  First, the driver of the vehicle going down the interstate the wrong way can be intoxicated by alcohol or operating under the influence of another drug. Liability may be imposed on the driver and, if the excessive consumption of alcohol contributed to the problem, those who illegally served an obviously intoxicated person may bear some responsibility.

Second, the signage at the entry point of interstate can be absent or misleading.  It is not uncommon for people in road construction areas to be lead astray by poor signage or signs that are just plain wrong.  Under these circumstances, those involved in the road construction project may have some responsibility for what occurred.

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I have a car accident case but am in desperate need of money right now.   Can I borrow money from  my attorney and pay her back out of the settlement I know I am going to receive?

It is not uncommon for people who have been injured to have financial difficulties, but in Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case.   This is true even if the attorney does not  charge interest.  (It is appropriate for the attorney to advance money for case-related expenses to help prepare your case.)

Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it.    However, this is  wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.    Loaning or giving money to clients or potential clients can result in discipline against the attorney, including the loss of his or her law license.

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Tennessee has seen a decline in the number of deaths from car and truck accidents.

Recently released statistics reveal that the number of people killed on Tennessee roads decreased from 1032 in 2010 to 946 in 2011, a drop of almost 9%.

Traffic fatalities were down in most counties in Middle Tennessee.  In fact, the only counties that saw in an increase in the number of deaths in traffic accidents were Williamson County (up 3 from 6  deaths to 9), Wilson County (up 6 deaths from 15 to 21), Rutherford County (an increase in one fatality from 20 to 21), Houston County (a significance increase – from 1 to 3); and Coffee County (deaths doubled from 8 to 16).  Lawrence County reported the biggest increase in traffic deaths in terms of raw numbers, from 4 to 14.   Giles County County increased from 7 deaths to 10 and Maury County increased from 10 to 14 fatalities. 

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I live in Knoxville and I was in a car wreck in Nashville.  The driver of the other car lives in Murfreesboro.  If my case doesn’t get settled can I file a lawsuit in Knoxville? 

No.  Under a new Tennessee law that was effective for all lawsuits arising from injuries arising on or after October 1, 2011, this type of case must be filed where the wreck occurred or where the individual defendant resides.  

Therefore, if you must file a lawsuit, you will have to file it in Nashville or in Rutherford County. 

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The Clerk of the Circuit Courts for Davidson County, Tennessee has released the following statistics for jury trials for 2011:

  • There were 10 health care liability (medical malpractice) jury trials.  The health care providers won six of those cases, the patient won two, and the other two cases resulted in a hung jury.
  • There were 36 auto liability cases tried, 22 of those to a jury.  The plaintiff won 25 of those cases.  Note, however, that the word "won" means that the plaintiff recovered some amount of money – not that the amount beat the defendant’s last offer or was otherwise a reasonable amount.
  • There were only two jury trials in December, 2011 one of which was a health care liability case (defense verdict) and one of which was an auto case (case dismissed by judge).

Despite what one reads in the papers or hears on the news, there are relatively few jury trials.  This number has steadily decreased across the entire state for many years.

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